30 January 2012
can anyone inform me the circumstances & situation in which police can charge the attrocity case ? what are the remidies available to the person ? if you have soft copy of said bare act pl.send me for my reference at my email id email@example.com
Atrocity is “an expression commonly used to refer to crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs) in India”. It “denotes the quality of being shockingly cruel and inhumane, whereas the term 'crime' relates to an act punishable by law”. It implies “any offence under the Indian Penal Code (IPC) committed against SCs by non-SC persons, or against STs by non-ST persons. Caste consideration as a motive is not necessary to make such an offence in case of atrocity”.
It signifies “crimes which have ingredients of infliction of suffering in one form or the other that should be included for reporting”. This is based on the assumption that “where the victims of crime are members of Scheduled Castes and the offenders do not belong to Scheduled Castes caste considerations are really the root cause of the crime, even though caste considerations may not be the vivid and minimum motive for the crime”.
31 January 2012
Dear Friend, The st & sc atrocities act was promulgated in 1989,in order to provide shield and eradicate atrocities on scheduled castes and scheduled tribes.But since then this act has been widely misused by many for personal gains than being benefitted to the actual suffers,due to lack of proper knowldge of this act.This is a very dangerous act,and is a non-bailable offence.Once you are involved it is very difficult to come out.The act is such.
Once the case is registered the police or the court has to act only as per the provisions of the act.
At the outset the SHO of the concerned police station,where the complaint has been made, has to summon both the parties and have a councelling.If in the councelling it is proved that the charges against the accused are true,then the complaint will be registered and further action will be taken as per the provisions of the act.
02 February 2012
02 February 2012
i would be greatful to all advocates for their valuable reply ...C.A. Tarun Shah